PRINTER'S NO. 1402
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1083
Session of
2024
INTRODUCED BY BOSCOLA, TARTAGLIONE, LANGERHOLC, FONTANA,
HAYWOOD, KANE, FARRY, ROTHMAN, KEARNEY, SANTARSIERO, MILLER,
DILLON, DUSH, LAUGHLIN AND BROWN, FEBRUARY 26, 2024
REFERRED TO JUDICIARY, FEBRUARY 26, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, further providing for the
offense of sexual abuse of children and for the offense of
transmission of sexually explicit images by minor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6312(c), (d), (f)(3) and (g) of Title 18
of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
ยง 6312. Sexual abuse of children.
* * *
(c) Dissemination of photographs, videotapes, computer
depictions and films.--Any person who knowingly sells,
distributes, delivers, disseminates, transfers, displays or
exhibits to others, or who possesses for the purpose of sale,
distribution, delivery, dissemination, transfer, display or
exhibition to others, any book, magazine, pamphlet, slide,
photograph, film, videotape, computer depiction, artificially
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
generated child sexual abuse material or other material
depicting a child under the age of 18 years engaging in a
prohibited sexual act or in the simulation of such act commits
an offense.
(d) Child pornography.--Any person who intentionally views
or knowingly possesses or controls any book, magazine, pamphlet,
slide, photograph, film, videotape, computer depiction,
artificially generated child sexual abuse material or other
material depicting a child under the age of 18 years engaging in
a prohibited sexual act or in the simulation of such act commits
an offense.
* * *
(f) Exceptions.--This section does not apply to any of the
following:
* * *
(3) An individual under 18 years of age who knowingly
views, photographs, videotapes, depicts on a computer or
films or possesses or intentionally views a visual depiction
as defined in section 6321 or artificially generated child
sexual abuse material of himself alone in a state of nudity
as defined in section 6321.
* * *
(f.2) Civil action.--
(1) A parent or legal guardian of a child under 18 years
of age who is depicted as engaging in a prohibited sexual act
or in the simulation of such act under subsection (b) or (c)
may bring a civil cause of action against a person who
committed the offense under subsection (b) or (c). If the
offense under subsection (b) or (c) involves artificially
generated child sexual abuse material, the parent or legal
20240SB1083PN1402 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
guardian may bring a civil cause of action against the
developer of the artificial intelligence system.
(2) A court of competent jurisdiction may award damages
to a parent or legal guardian under paragraph (1) as
specified under this paragraph. In determining the extent of
injury, the court shall consider the damage caused to the
child due to the production and dissemination of the child
sexual abuse material. The court may award any of the
following:
(i) Actual costs incurred as a result of the damage
caused to the child, including costs associated with
counseling services, doctors visits, treatment and co-
pays.
(ii) Reasonable attorney fees and court costs.
(iii) Punitive damages determined by the court.
(3) Nothing in this subsection shall be construed to
limit the ability of a person to receive a civil penalty
under this chapter.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Artificial intelligence." Any of the following:
(1) A system that performs tasks under varying and
unpredictable circumstances without significant human
oversight or that can learn from experience and improve
performance when exposed to data sets.
(2) A system developed in computer software, physical
hardware or other context that solves tasks requiring human-
like perception, cognition, planning, learning, communication
or physical action.
20240SB1083PN1402 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) A system designed to think or act like a human,
including cognitive architectures and neural networks.
(4) A set of techniques, including machine learning,
that is designed to approximate a cognitive task.
(5) A system designed to act rationally, including an
intelligent software agent or embodied robot that achieves
goals using perception, planning, reasoning, learning,
communicating, decision-making and acting.
"Artificially generated child sexual abuse material." A
visual depiction that meets all of the following criteria:
(1) The visual depiction appears to authentically
portray a child under 18 years of age in a state of nudity or
engaging in sexual conduct that did not occur in reality.
(2) The production of the visual depiction is
substantially dependent upon technical means, including
artificial intelligence or image editing software, and not
the ability of a person to physically impersonate the child.
"Image editing software." A software used primarily for
editing photographs, films or computer depictions that contains
a variety of filters, effects and tools that can be used to
manipulate photographs, films or computer depictions.
"Intentionally views." The deliberate, purposeful, voluntary
viewing of artificially generated child sexual abuse material or
material depicting a child under 18 years of age engaging in a
prohibited sexual act or in the simulation of such act. The term
shall not include the accidental or inadvertent viewing of such
material.
"Prohibited sexual act." Sexual intercourse as defined in
section 3101 (relating to definitions), masturbation, sadism,
masochism, bestiality, fellatio, cunnilingus, lewd exhibition of
20240SB1083PN1402 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the genitals or nudity if such nudity is depicted for the
purpose of sexual stimulation or gratification of any person who
might view such depiction.
Section 2. Section 6321(g) of Title 18 is amended to read:
ยง 6321. Transmission of sexually explicit images by minor.
* * *
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Artificially generated child sexual abuse material." As
defined in section 6312(g).
"Disseminate." To cause or make an electronic or actual
communication from one person, place or electronic communication
device to two or more other persons, places or electronic
communication devices.
"Distribute." To deliver or pass out.
"Electronic communication." As defined in section 5702
(relating to definitions).
"Knowingly possesses." The deliberate, purposeful, voluntary
possession of a sexually explicit image of another minor who is
12 years of age or older. The term shall not include the
accidental or inadvertent possession of such an image.
"Knowingly views." The deliberate, purposeful, voluntary
viewing of a sexually explicit image of another minor who is 12
years of age or older. The term shall not include the accidental
or inadvertent viewing of such an image.
"Minor." An individual under 18 years of age.
"Nudity." The showing of the human male or female genitals,
pubic area or buttocks with less than a fully opaque covering,
the showing of the female breast with less than a fully opaque
20240SB1083PN1402 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
covering of any portion thereof below the top of the nipple or
the depiction of covered male genitals in a discernibly turgid
state.
"Publish." To issue for distribution.
"Sexually explicit image." A lewd or lascivious visual
depiction or artificially generated child sexual abuse material
of a minor's genitals, pubic area, breast or buttocks or nudity,
if such nudity is depicted for the purpose of sexual stimulation
or gratification of any person who might view such nudity.
"Transmit." To cause or make an electronic communication
from one person, place or electronic communication device to
only one other person, place or electronic communication device.
"Visual depiction." A representation by picture, including,
but not limited to, a photograph, videotape, film or computer
image.
Section 3. This act shall take effect in 60 days.
20240SB1083PN1402 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16